Security Deposit property managment will not respond

[lmjimenez72]

Entered into stipulation at UD hearing on 9/7 ageed to owe past rent to be discussed and paid at a later date, asked to have file sealed,asked to stay up to oct 1st and have security deposit cover that last month of rent. In hall we asked rep and lawyer how to handle return of keys, accounting rep for prop managment said to lock up and drop them in mailbox and again said "just make sure you are out by the first." Okay we get it you want us gone. We signed on for a new place on 9/27 had all utilities transferred including phone with same number, all our mail had been forwarded I shot a 3 min cell video of the empty cleaned unit just incase. Passing by daily to take kids to school, I saw the sheriff notice but figured they were just taking their time to respond as they typically did throughout our tenancy. Then around mid october i saw a window broken and immediately called to inform the prop mngmnt co and also to find out what was taking so long for them to get down there the receptionist had no answer and as usual everyone was either at lunch or away from their desk. That was the last time I spoke with them until my husband gets served with a wage garnishment in an amount that did not reflect a credit of our deposit as promised. I had to call a few times and I emailed twice requesting a transaction listing it took a few days but they finally sent it. This is the first time I seen this and what I saw was a prorated rent charge for october after we were gone, repeated cleaning charges (vacuum and sweep floors then carpet replaced) and repairs that were a problem midway of my tenancy that I had been asking to be repaired but got no response and I dco have emails to prove. I should have received a copy of that list a long time ago. And I have that video, utilities were shut off not to mention statment from neighbors one of whom I had to borrow electricity from on the last day there. Should I sue? Do I even have enough evidence to show I am due back at least a portion of the $1500?

 

[army judge]

One is always free to sue. WiLl you prevail, hard to say. It's your only shot to overturn the garnishment, but without a lawyer, don't hold your breath.

 

[lmjimenez72]

I don't want to overturn the garnishment ...its what we owe...its my deposit I'm after since it was not applied to last month rent as promised. Judge ordered us out and we agreed to be out on October 1st...we WERE GONE shouldn't the property management company have followed up on or around this date...it almost seems as though one rep told us to leave the keys and when we call about the matter five months later another rep takes over (because the first rep is out of the office most days) and states we were supposed to drop the keys at office. That would mean we were lied to purposely to drag out more time so that she wouldn't have to return our deposit. And for what?in retaliation because we had a bad year with health issues fell behind on rent and showed up to court. I didn't leave our new address for the itemized list but our phone number is the same and if she sent it to our last known address it would have been forwarded with all my other mail. They never called to let us know about the repairs...heck they never even called about paying past due rent either. They just slapped us with a garnishment five months later. Yes I didn't receive the transaction list until five months later. And not until I had to call several times and email twice requesting it.

 

[army judge]

If it wasn't in writing, it never happened.

You made a few mistakes. Always get it in writing. If it isn't in writing, they'll always deny saying it.

You admit NOT providing a forwarding address. I'll bet THAT faux pas cost you to lose your deposit.
In your state, you're required to leave a mailing address. A phone number isn't a mailing address.

Bottom line, you're free to sue. Good luck.

I don't want to overturn the garnishment ...its what we owe...its my deposit I'm after since it was not applied to last month rent as promised. Judge ordered us out and we agreed to be out on October 1st...we WERE GONE shouldn't the property management company have followed up on or around this date...it almost seems as though one rep told us to leave the keys and when we call about the matter five months later another rep takes over (because the first rep is out of the office most days) and states we were supposed to drop the keys at office. That would mean we were lied to purposely to drag out more time so that she wouldn't have to return our deposit. And for what?in retaliation because we had a bad year with health issues fell behind on rent and showed up to court. I didn't leave our new address for the itemized list but our phone number is the same and if she sent it to our last known address it would have been forwarded with all my other mail. They never called to let us know about the repairs...heck they never even called about paying past due rent either. They just slapped us with a garnishment five months later. Yes I didn't receive the transaction list until five months later. And not until I had to call several times and email twice requesting it.

 

[lmjimenez72]

What about this ...The landlord must send the itemized statement, copies of invoices or receipts, and any good faith estimate to you at the address that you provide. If you do not provide an address, the landlord must send these documents to the address of the rental unit that you moved from. 222...
from CA tenant law website.

 

[mightymoose]

Also, the landlord has 21 days from your move out date to provide you the list of repairs and account for your deposit.
It seems your deposit was applied to repairs so they garnished. additional money to cover the rent.
However, it sounds as if you were charged with some bogus repairs.
This sounds like something you could easily address in small claims if needed. No worry about lawyers as they are not allowed- just you and the landlord to duke it out.